Inventor or author? Let us clarify the difference

In the university context, scientific collaborations are frequent: they often culminate in publications on a given research topic and, sometimes, in patentable inventions. But beware: being the author of a scientific publication does not automatically mean being the inventor of the research results obtained.

In Swiss law, as in most legal systems, authorship is not strictly regulated and can also reflect principles of equity. [1] Authorship is attributed to the person who has made a significant scientific contribution to the development, quality, and, where applicable, revision of certain findings. The "significance" of the scientific contribution is determined on a case-by-case basis and may include targeted work or a recognition of expertise and knowledge. [2]

On the other hand, an inventor is only the natural person who has created the invention, whether independently or with others. In the latter case, co-inventor status is granted to all those who have performed an intellectual activity that contributed to the creation of the invention, and not every single contribution needs to constitute a new technical rule or be clearly evident from the state of the art.[3]

Author and inventor are not synonymous: in the scientific context, the former is a broad qualification that recognises the contribution to the publication; the latter is more restrictive and only relevant to patent intellectual property.

Would you like to promote your invention? USI Transfer, the Technology Transfer Service of Università della Svizzera italiana, is available to assist you. For more information, please contact us at [email protected].

[1] Swiss Academies of Arts and Sciences, Authorship in scientific publications, Analysis and recommendations, Section 2.

[2] Swiss Academies of Arts and Sciences, Code of conduct for scientific integrity, Section 4.4.

[3] Ivan Cherpillod, Intellectual property, Swiss law summary, 797 ff.